WSR 08-11-117

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed May 21, 2008, 9:48 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-17-036.

     Title of Rule and Other Identifying Information: WAC 246-830-490 Intraoral massage training, new section.

     Hearing Location(s): Hawthorn Suites, 6329 South 212th Street, Kent, WA 98032, on June 26, 2008, at 9:15 a.m.

     Date of Intended Adoption: June 26, 2008.

     Submit Written Comments to: Kris Waidely, P.O. Box 47867, Olympia, WA 98504-7867, web site http://www3.doh.wa.gov/policyreview/, fax (360) 664-9077, by June 19, 2008.

     Assistance for Persons with Disabilities: Contact Kris Waidely by June 12, 2008, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules identify the training requirements for licensed massage practitioners to apply for an intraoral massage endorsement.

     Reasons Supporting Proposal: Rules are required by statute. This rule defines the training requirements for licensed massage practitioners to perform intraoral massage. Without the rule, massage practitioners would not be able to apply for the endorsement and perform intraoral massage.

     Statutory Authority for Adoption: Chapter 18.108 RCW.

     Statute Being Implemented: Chapter 18.108 RCW, SHB 1397 (chapter 272, Laws of 2007).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of health (DOH), governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kris Waidely, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4847.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     1. Briefly Describe the Proposed Rule: The proposed rules identify the training required for a licensed massage practitioner to apply for an endorsement to perform intraoral massage. Only licensed massage practitioners that perform intraoral massage will be required to apply for this endorsement. The cost for the endorsement is $25.

     2. Is a Small Business Economic Impact Statement (SBEIS) Required for this Rule? No. DOH has reviewed this proposal and has determined that no SBEIS is required because the rule does not impose more than minor costs on affected businesses. Under the Regulatory Fairness Act (chapter 19.85 RCW), an SBEIS is required whenever a regulation imposes "more than minor" costs on a regulated business. The more than minimum cost threshold from "804 Office of Clinics and Other Healthcare Practitioners" is set at $110.00. The new cost to implement the proposed rule does not exceed the threshold, therefore, an SBEIS is not required.

     A copy of the statement may be obtained by contacting Kris Waidely, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4847, fax (360) 664-9077, e-mail kris.waidely@doh.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kris Waidely, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4847, fax (360) 664-9077, e-mail kris.waidely@doh.wa.gov.

May 21, 2008

Mary C. Selecky

Secretary

Karin Olsen

Board Chair

OTS-1223.3


NEW SECTION
WAC 246-830-490   Intraoral massage training.   Licensed massage practitioners may perform intraoral massage after completing specific intraoral massage training and after receiving an intraoral massage endorsement to their massage practitioner license.

     To qualify for an intraoral massage endorsement you must complete the following training:

     (1) Sixteen hours of supervised training must include:

     (a) Hands-on intraoral massage techniques, cranial anatomy, physiology, and kinesiology; and

     (b) Hygienic practices, safety and sanitation; and

     (c) Pathology and contraindications.

     Hygienic practices, safety and sanitation includes, but is not limited to: Gloves shall be worn during treatment and training which involves intraoral procedures. Fresh gloves shall be used for every intraoral patient contact. Gloves shall not be washed or reused for any purpose. The same pair of gloves shall not be used, removed, and reused for the same patient at the same visit or for any other purpose. Gloves that have been used for intraoral treatment shall not be reused for any other purpose; and

     (2) Supervised training must be obtained from a licensed massage practitioner endorsed in intraoral massage or from an individual who is licensed, certified, or registered and who has performed intraoral massage services within their authorized scope of practice.

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